I was a non-gazetted Central Government servant. Consequent to my selection by direct recruitment in an Autonomous Body, I submitted technical resignation, and joined the autonomous body as a fresh appointee, without pay-protection or seniority. As I had put in more than 15 years of service, I availed pro rata pension and retirement benefits. As per CCS Rules, persons resigning from service and joining PSU/Autonomous bodies are deemed to have retired from service. Technically or legally, is there difference between 'deemed retirement' and 'retirement'. Also as per CCS Rules, such resignation is treated as a ‘technical formality’. Does that mean that the words ‘resignation’ and ‘technical resignation’ are synonymous, as far as joining a PSU is concerned? Further, does non-mentioning of the words ‘retirement’ or ‘deemed retirement’ affect my retirement status. Do I come under a retired central government servant for all purposes? Can I avail Pensioner CGHS Card, Pensioner Identity Card etc., and any other benefits that are admissible to a retired central government servant? ?
As I was non-gazetted and submitted ‘technical resignation’ (which in fact is ‘retirement’), do I need to submit an undertaking stating that I will take prior sanction of the government in case I take up commercial employment within one year from the date of retirement? In case I take up commercial employment within one year from the date of technical resignation, will my pro rata pension and other benefits will continue for life or will they get affected?
Further, I was asked to opt for family pension from only one source i.e. either from Central Government or from the autonomous body. Since I am covered under the New Pension Scheme in the autonomous body and since the family pension is only ‘provisionally’ allowed under the New Pension Scheme, I opted for family pension under Central Government.
Recently, I came across a letter of Ministry of Personnel, Public Grievances and Pensions (Department of Pension and Pensioner’s Welfare) Letter No.4/10/2006-P&PW(D) dated 14th May 2007, wherein it is stated that the benefit of family pension under Family Pension Scheme, 1971 and Employees Pension Scheme, 1995, in addition to the Family Pension under Rule 54 of the CCS (Pension) Rules, 1972, will be admissible in cases Central Government pensioners who got permanently absorbed in the PSU/Autonomous Body and were compulsorily governed by FPS,1971/EPS, 1995.
Kindly clarify whether the provisions of the New Pension Scheme and that of the Employees Pension Scheme 1995/Family Pension Scheme, 1971, different? Further, since the service under the autonomous body and service under the Central Government being two different and distinct services, and is not the same continuous service, can the benefit of family pension under the New Pension Scheme which is allowed in the case of other employees recruited along with me, be denied for me by the central government by asking me to opt for a single family pension, just because I was a central government servant previously. In case, by all means, only single family pension is to be allowed, can I change my option of family pension, at a later date, in case the family pension is ‘permanently’ allowed under New Pension Scheme, and the same is more beneficial to me? Or will my family has the option to opt for a family pension from either of the two family pensions, in case such a situation arises?
Is a pro rata pensioner different from a pensioner who retired in normal course after completion of 20 years or superannuation? And whether there is any such condition, implicit or otherwise, that a person has to continue in the service of autonomous body, after availing pro rata pensionary benefits, else his pensionary benefits will be stopped.
Thanking all the experts in anticipation,
regards
